METRACLARK (PTY) LTD
PRIVACY POLICY
Metraclark (Pty) Ltd (Metraclark) is committed to protecting your privacy in accordance with the provisions of the Protection of Personal Information Act, No 4 of 2013 (POPIA). This Privacy Policy explains how we collect and use your personal information and which rights and options you have in this respect.
Who is responsible for your personal information?
Metraclark is responsible for your personal information in our possession.
Which personal information do we collect?
The personal information we collect may include:
- Contact information, such as your name, job title, postal address, including your home address, where you have provided this to us, business address, telephone number, mobile phone number, fax number and email address;
- Payment information, such as information necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information;
- Further business information necessarily processed in a business transaction, project or client contractual relationship with Metraclark or voluntarily provided by you, e.g. in a recruitment process such as instructions given, payments made, requests and projects;
- Your password for the Metraclark website or other password protected platforms or services, where you have one;
- Information collected from publicly available resources, integrity information bases and credit agencies;
- If legally required for compliance purposes, information about relevant and significant litigation or other legal proceedings against you or a third party related to you and interaction with you which may be relevant for antitrust purposes;
- Special categories of personal information. In connection with the registration for and provision of access to an event or seminar, we may ask for information about your health for the purpose of identifying and being considerate of any disabilities or special dietary requirements you may have. Any use of such information is based on your consent. If you do not provide any such information about disabilities or special dietary requirements, we will not be able to take any respective precautions;
- Other personal information regarding your preferences where it is relevant to sales and services that we provide; and/or
- Details of your visits to our premises.
How do we collect your personal information?
We may collect personal information about you in a number of circumstances, including
In some circumstances, we collect personal information about you from a third party source. For example, we may collect personal information from your organisation, other organisations with whom you have dealings, government agencies, a credit reporting agency, an information or service provider or from a publicly available record.
- When you or your organisation seek information or advice from us or use any on-line services;
- When you or your organisation browse, make an enquiry or otherwise interact on our websites;
- When you apply for a job or open position within our company;
- When you or your organisation offer to provide or provide services to us.
- When you attend a seminar or a Metraclark event or sign up to receive personal information from us, including training; or
Are you required to provide personal information?
As a general principle, you will provide us with your personal information entirely voluntarily; there are generally no detrimental effects for you if you choose not to consent or to provide personal information. However, there are circumstances in which Metraclark cannot take action without certain of your personal information, for example because this personal information is required to process your instructions or orders and deliveries, provide you with access to a web offering or newsletter or process your information in a recruitment process or to carry out a legally required compliance screening. In these cases, it will unfortunately not be possible for us to provide you with what you request without the relevant personal information and we will notify you accordingly.
For which purposes will we use your information?
We may use your personal information for the following purposes:
- Providing sales of goods or other services or things you may have requested, including on-line services or solutions as instructed or requested by you or your organisation;
- Managing and administering your or your organisation's business relationship with Metraclark, including processing payments, accounting, auditing, billing and collection, support services;
- Compliance with our legal obligations (such as record keeping obligations), compliance screening or recording obligations (e.g. export laws, trade sanction and embargo laws, for anti-money laundering, financial and credit check and fraud and crime prevention and detection purposes), which may include automated checks of your contact information or other information you provide about your identity against applicable sanctioned-party lists and contacting you to confirm your identity in case of a potential match or recording interaction with you which may be relevant for compliance purposes;
- To analyse and improve our services and communications to you;
- Protecting the security of and managing access to our premises, IT and communication systems, online platforms, websites and other systems, preventing and detecting security threats, fraud or other criminal or malicious activities;
- For insurance purposes;
- For monitoring and assessing compliance with our policies and standards;
- To comply with our legal and regulatory obligations and requests, including reporting to and/or being audited by national and international regulatory bodies;
- To comply with court orders and exercises and/or defend our legal rights; and
- For any purpose related and/or ancillary to any of the above or any other purpose for which your personal information was provided to us.
Where you have expressly given us your consent, we may process your personal information also for the following purposes:
- Communicating with you through the channels you have approved to keep you up to date on the latest industry developments, announcements, and other information about Metraclark products, technologies and services (including, newsletters and other information) as well as Metraclark trainings, events and projects;
- Customer surveys, marketing campaigns, market analysis, sweepstakes, contests or other promotional activities or events; or
- Collecting information about your preferences to create a user profile to personalise and foster the quality of our communication and interaction with you (for example, by way of newsletter tracking or website analytics).
With regard to marketing-related communication, we will - where legally required - only provide you with such information after you have opted in and provide you the opportunity to opt out anytime if you do not want to receive further marketing-related communication from us. We will not use your personal information for taking any automated decisions affecting you or creating profiles other than described above.
Depending on for which of the above Permitted purposes we use your personal information, we may process your personal information on one or more of the following legal grounds:- Because processing is necessary for the performance of a customer or supplier instruction(s) or other contract with you or your organisation;
- To comply with our legal obligations (e.g. to keep pension records or records for tax purposes); or
- Because processing is necessary for purposes of our legitimate interest or those of any third party recipients that receive your personal information, provided that such interests are not overridden by your interests or fundamental rights and freedoms.
In addition, the processing may be based on your consent where you have expressly given that to us.
With whom will we share your personal information?
We may share your personal information in the following circumstances:
- We may share your personal information between the Metraclark Entities on a confidential basis where required for the purpose of providing legal advice or other products or services and for administrative, billing and other business purposes. A list of the countries in which Metraclark Entities are located can be found on our website www.metraclark.co.za;
- We may disclose your personal information to external partners to perform tasks on our behalf such as providing IT services or helping with marketing and recruitment, administration of press releases, information analytics or statistics;
- We may disclose your contact details on a confidential basis to third parties for the purposes of collecting your feedback on the Metraclark’s service provision, to help us measure our performance and to improve and promote our services;
- We may share your personal information with companies providing services for money laundering checks, credit risk reduction and other fraud and crime prevention purposes and companies providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such personal information is shared;
- We may share your personal information with any third party to whom we assign or novate any of our rights or obligations;
- We may share your personal information with third parties, for instance courts, law enforcement authorities, regulators or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process;
- We may also instruct service providers within or outside of Metraclark, domestically or abroad, e.g. shared service centers, to process personal information for the Permitted purposes on our behalf and in accordance with our instructions only. Metraclark will retain control over and will remain fully responsible for your personal information and will use appropriate safeguards as required by applicable law to ensure the integrity and security of your personal information when engaging such service providers;
- We may also use aggregated personal information and statistics for the purpose of monitoring website usage in order to help us develop our website and our services.
Otherwise, we will only disclose your personal information when you direct us or give us permission, when we are required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.
Personal information about other people which you provide to us
If you provide personal information to us about someone else (such as one of your directors or employees, or someone with whom you have business dealings) you must ensure that you are entitled to disclose that personal information to us and that, without our taking any further steps, we may collect, use and disclose that personal information as described in this Privacy Policy. In particular, you must ensure the individual concerned is aware of the various matters detailed in this Privacy Policy, as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our personal information disclosure practices (including disclosure to overseas recipients), the individual's right to obtain access to the personal information and make complaints about the handling of the personal information, and the consequences if the personal information is not provided (such as our inability to provide services).
Keeping personal information about you secure
We will take appropriate technical and organisational measures to keep your personal information confidential and secure in accordance with our internal procedures covering the storage, disclosure of and access to personal information. Personal information may be kept on our personal information technology systems, those of our contractors or in paper files.
Transferring your personal information abroad
Metraclark is a part of a globally active business group, the Beijer Ref group We may transfer your personal information outside of the jurisdiction in which it is collected for permitted purposes, including for processing and storage by service providers in connection with such purposes. You should note that while your personal information is out of that jurisdiction, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
Updating personal information about you
If any of the personal information that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, or if you become aware we have any inaccurate personal information about you, please let us know by sending an email to enquiry@metraclark.co.za. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete Personal Information that you provide to us.
For how long do we retain your personal information?
Your personal information will be deleted when it is no longer reasonably required for the Permitted purposes or you withdraw your consent (where applicable) and we are not legally required or otherwise permitted to continue storing such information. We will, in particular, retain your personal information where required for Metraclark to assert or defend against legal claims until the end of the relevant retention period or until the claims in question have been settled.
Your rights
Subject to certain legal conditions, you have the right to request a copy of the personal information about you which we hold, to have any inaccurate personal information corrected and to object to or restrict our using your personal information. You may also make a complaint if you have a concern about our handling of your personal information.
If you wish to do any of the above please send an email to enquiry@metraclark.co.za. We may request that you prove your identity by providing us with a copy of a valid means of identification in order for us to comply with our security obligations and to prevent unauthorised disclosure of information. We reserve the right to charge you a reasonable administrative fee for any manifestly unfounded or excessive requests concerning your access to your information, and for any additional copies of the personal information you request from us.
We will consider any requests or complaints which we receive and provide you with a response in a timely manner. If you are not satisfied with our response, you may take your complaint to the relevant privacy regulator. We will provide you with details of your relevant regulator upon request.
Updates to this Privacy Policy
This Privacy Policy was last updated in June 2021. We reserve the right to update and change this Privacy Policy from time to time in order to reflect any changes to the way in which we process your personal information or changing legal requirements. In case of any such changes, we will post the changed Privacy Policy on our website or publish it otherwise.
How to get in touch with us
All comments, questions, concerns or complaints regarding your personal information or this Privacy policy should be forwarded to us via email to enquiry@metraclark.co.za or send a letter to Attention: Information Officer, 2 Astron Street, Denver, Johannesburg, South Africa.